REPUBLIC OF LITHUANIA
LAW ON MARITIME SAFETY
29 August 2000 No VIII-1897
Vilnius
(As last amended on 20 November 2018 – No XIII-1662)
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose and scope of the Law
1. This Law shall establish requirements for maritime safety, prevention of pollution from ships, ship security , and shipboard working and living conditions of seafarers for vessels flying the flag of Lithuania and foreign vessels calling at the Lithuanian seaports, the shipping companies registered in the Republic of Lithuania, companies conducting activities related to maritime safety, port management companies, and shall regulate state supervision and administration of maritime safety, search and rescue of persons, investigation of maritime accidents, wreck removal.
2. The purpose of this Law shall be, when implementing legal norms of the international maritime law and of the European Union on maritime safety in the Republic of Lithuania, to:
1) ensure that ships flying the flag of Lithuania meet maritime safety, prevention of pollution by ships, ship security requirements, and shipboard working and living conditions of seafarers established at international level or by legal acts of the European Union, or by laws and other legal acts of the Republic of Lithuania;
2) reduce the number of ships which do not meet the international requirements of maritime safety.
3. The norms of this Law and the legal acts passed on the basis thereof shall not apply to:
1) foreign vessels, which sail through the territorial sea of the Republic of Lithuania, availing themselves of the right of innocent passage, and the persons situated on them;
2) warships and coast guard vessels of the Republic of Lithuania and foreign states. In case of military incidents, aggression, seizure of violating ships or in other cases of emergency, the vessels indicated in this Point shall enjoy the right of priority when sailing in the port area;
3) ships sailing in the internal waters only;
4) other than passenger ships whose maximum length indicated in ship’s documents is less than 12 metres;
5) recreational craft which does not go on commercial journeys;
6) wooden ships of primitive build.
4. In all instances the ships referred to in paragraph 3 of this Article, when sailing in public waterways, shall be governed by the provisions of the Convention on the International Regulations for Preventing Collisions at Sea, 1972 and, when sailing through the port areas, the masters of the ships must abide by the port shipping regulations and follow the instructions on maritime safety given by the officers of vessel traffic services who are on duty.
5. The provisions of this Law have been harmonised with the legal acts of the European Union listed in the Annex to this Law.
Article 2. Definitions
1. General waterways shall mean waterways suitable for navigation, which are located within the territorial sea waters of the Republic of Lithuania and are indicated on the sea maps.
2. Sailing ship shall mean a vessel proceeding under sail only.
3. SafeSeaNet System shall mean a specialised system for exchange of shipping-related information electronically between the Member States of the European Union.
4. High-speed craft shall mean a craft that can travel at maximum speed, which is the equivalent or higher than that indicated in the International Convention for the Safety of Life at Sea, 1974.
5. Authorised ship classification society shall mean a ship classification company with which the Lithuanian Transport Safety Administration has concluded, in accordance with the procedure laid down by the Minister of Transport and Communications, an agreement regarding technical maintenance and survey of ships registered with the Republic of Lithuania Register of Seagoing Ships and issuing of appropriate documents certifying this.
6. Marine casualty shall mean one or several events occurring in the course of the operation of a ship that has/have resulted in the death of, injury to or loss from that ship of persons, or pollution, or the damage to the construction or systems of the ship.
7. Marine incident (hereinafter: an ‘incident’) shall mean an event where a ship or any person is imperilled, or where, due to failure to take appropriate measures, the operation of the ship may cause the damage to the environment, other ships and persons.
8. Ro-ro passenger ship shall mean a passenger ship with ro-ro spaces or special category spaces indicated in Regulation 3 of Chapter II-2 of the International Convention for the Safety of Life at Sea, 1974.
9. Passenger ship shall mean a ship which carries more than 12 passengers.
10. Ship shall mean any type of self-propelled or not self-propelled floating structure which is being used, or can be used, for navigation.
11. Navigator shall mean a member of the crew holding the appropriate diploma of marine rank and navigating the ship.
12. Shipping company shall mean the owner of a ship or the operator of the ship, or the bareboat charterer, who has assumed the responsibility for operation of the ship from of the shipowner.
13. Inspector shall mean a civil servant of the Lithuanian Transport Safety Administration who meets the statutory qualification requirements and is authorised to conduct control of ships flying the flag of the State of Lithuania as well as foreign ships.
14. Ship's agent shall mean a person who has signed a contract with the owner of a ship, the operator of the ship or the bareboat charterer to represent their interests and carry out contractual orders.
15. Ship's crew shall mean seafarers who carry out tasks related to the operation and maintenance of a ship or providing services to people on board and who are entered on the crew list.
16. Ship's equipment shall mean equipment which, in accordance with international maritime safety requirements, must be used in a ship for ensuring maritime safety and protection of marine environment against pollution or which, on the instruction of the shipping company, is additionally used in the ship; such equipment, under international treaties of the Republic of Lithuania, requires the certification by the Lithuanian Transport Safety Administration or an authorised ship classification society to the effect that the equipment meets the international maritime safety requirements.
17. Master of a ship shall mean a seafarer having the appropriate diploma of marine rank and having command of the ship.
18. Ship's technical maintenance shall mean a set of measures which are organised by a shipping company and conducted by an authorised ship classification society or by the Lithuanian Transport Safety Administration in accordance with the requirements laid down by the Minister of Transport and Communications, and which ensure the ship's compliance with the structural, mechanical and electrical equipment, fire safety, stability and capacity requirements through the ship’s service life.
19. Ship classification society shall mean a legal person, another organisation or its branch meeting the requirements of maritime safety laid down by international legal acts for the companies which carry out technical maintenance and survey of ships, assign ship classes and issue mandatory ship documents.
20. Pilot shall mean a person holding the pilot’s certificate of the format prescribed by the Minister of Transport and Communications, granting him the right to assist the master of the ship in guiding and mooring a ship. A pilot shall not be a member of the crew of a ship he is guiding.
21. Aids to navigation shall mean general-purpose floating or shore devices used to obtain information necessary to ensure safe navigation.
22. Area of operation of aids to navigation shall mean an area in which the provision by aids to navigation of information necessary for safe navigation is ensured on a compulsory basis.
23. Search and rescue region shall mean an area of defined dimensions in respect of which Lithuania has agreed with the States concerned (the Parties) to the Convention on Maritime Search and Rescue, 1979, as well as the Curonian Lagoon and seaport areas.
24. Coast guard vessel shall mean a ship owned by the State by right of ownership and used for non-commercial purposes, having special, clearly visible marks and inscription and performing state border guard functions.
25. Maritime safety requirements shall mean requirements that ensure safe navigation of ships, prevention of pollution by ships, and ship security.
26. Safety Management System shall mean a structured and documented system meeting the requirements set out in the International Management Code for the Safe Operation of Ships and for Pollution Prevention enabling the personnel of a shipping company to implement effectively the company’s safety and environmental protection policy.
27. Special purpose ship shall mean a ship for specific functions with an engine carrying more than 12 professionals, who are neither crew members nor passengers.
28. International Maritime Organisation audit shall mean the audit of the international obligations of a state conducted in accordance with the procedure adopted by the International Maritime Organisation through Assembly Resolution A.974 (24) of 1 December 2005 together with its amendments valid on the date of the application of the Resolution.
29. International maritime safety requirements shall mean the maritime safety requirements established by the international treaties of the Republic of Lithuania, the International Maritime Organisation, the International Labour Organisation, the European Union as well as other international and regional organisations whose member is the Republic of Lithuania.
30. Traditional ship shall mean any historical ship or an individual replica thereof recognised in accordance with the procedure laid down by the Minister of Culture and the Minister of Transport and Communications, including those ships that have been created to promote traditional skills of river navigation and encourage knowledge of cultural heritage. Such a ship shall be operated by traditional (conventional) maritime principles and methods.
31. Port management company shall mean a company managing, using and disposing of the port land, port area and port infrastructure as provided for by legal acts.
32. Port shall mean a territory (port land and area) intended for ships to enter and sail out, to dock, to be provided port services, to move goods from ships and to provide services to passengers. Requirements laid down by legal acts for ports shall also apply to petroleum, chemical products, liquefied gas terminals and other types of terminals which are located outside the territory of the port and which have their own land territory and water area in the territorial sea of the Republic of Lithuania, assigned to them in accordance with the procedure laid down by legal acts.
33. Harbour master shall mean a person responsible for shipping control and ensuring the order within the seaport area and quays of the Republic of Lithuania.
34. Ship for port services shall mean a ship providing services in the port area.
35. Foreign vessel shall mean a ship flying other than the flag of the State of Lithuania.
36. Local ship shall mean a ship engaged in the port area, internal waters, the territorial sea and the exclusive economic zone of the Republic of Lithuania
37. Search and rescue of persons shall mean operations to locate persons in distress, to save them, to provide for their initial and other needs, and to deliver them to a place of safety.
38. Fishing vessel shall mean a boat designed, adapted or used for commercial fishing.
39. Other concepts used in this Law shall be interpreted as they are defined in the Law of the Republic of Lithuania Law on the State Seaport of Klaipėda and the Code of the Republic of Lithuania on Inland Water Transport.
CHAPTER TWO
INSTITUTIONS FOR STATE MANAGEMENT OF MARITIME SAFETY
Article 3. Institutions for State Management of Maritime Safety
1. State management of maritime safety shall be performed by the Government of the Republic of Lithuania, the Ministry of Transport and Communications of the Republic of Lithuania, the Ministry of Social Security and Labour of the Republic of Lithuania, the Ministry of Health of the Republic of Lithuania, the Ministry of Justice of the Republic of Lithuania and the Lithuanian Transport Safety Administration (hereinafter: the 'Administration').
2. The Government shall adopt legal acts within its remit according to this Law, and perform other functions set out in this Law.
3. The Ministry of Transport and Communications shall shape a state policy on maritime safety, as well as organise, coordinate and supervise its implementation, set out maritime safety requirements, the procedure for implementing these requirements, international treaties of the Republic of Lithuania and European Union legislation on maritime safety in the Republic of Lithuania, except in cases where the implementation procedure for international maritime safety requirements are laid down by the Ministry of Transport and Communications together with other institutions.
4. The Ministry of Social Security and Labour together with the Ministry of Transport and Communications shall adopt legal acts on matters relating to working conditions, safety and health of seafarers, and the Ministry of Health together with the Ministry of Transport and Communications in the area of seafarers' health care, shall organise, coordinate, and control (supervise) the implementation of these legal acts.
5. The Minister of Justice shall adopt legal acts regarding the investigation into marine casualties and incidents, preparation and submission of reports and safety-related recommendations, as well as organise, coordinate, control (supervise) the implementation of these legal acts.
6. The Administration shall implement a state policy in the field of maritime safety and participate in the formation of this policy, establish technical and organisational maritime requirements for safe navigation and perform other functions established by this Law.
Article 4. Administration
1. The Administration shall be a budgetary institution under the Ministry of Transport and Communications.
2. The Director of the Administration shall determine the positions of civil servants and employees working under employment contracts who are required to have a seafarer’s rank. At work, that Administration’s personnel shall wear civilian fleet uniform, with the Minister of Transport and Communications approving the standard of such uniform and the rules for wearing it.
3. The personnel referred to in paragraph 2 of this Article may, every five years, be granted leave for a period of up to one year for upgrading of skills – sail to the sea. In this case, the personnel shall retain the formerly occupied positions, but shall not receive the fixed remuneration.
4. The Administration shall organise its activities related to implementation of international maritime safety requirements according to the quality management system developed and evaluated in accordance with international quality management standards.
5. Costs of business trips of the Administration’s personnel related to maintenance of seaworthiness of ships located outside the territory of the Republic of Lithuania, as well as ship surveys, inspections and assessments shall be borne by the shipping company. The costs shall be reimbursed in accordance with the procedure established by the Government.
Article 5. Functions of the Administration
The Administration shall perform the following functions:
1) exercise control over the compliance with international maritime safety requirements and maritime safety requirements set out by European Union legal acts as well as by laws and other legal acts of the Republic of Lithuania;
2) register ships with the Republic of Lithuania Register of Seagoing Ships and issue ship's documents;
3) carry out control of foreign vessels and vessels flying the flag of the State of Lithuania and issue the required documents;
4) grant accreditation to educational institutions of seafarers in accordance with the procedure laid down by the Minister of Transport and Communications and supervise their activities, examine seafarers, issue seafarers’ qualification documents and seaman’s books;
5) compose sea maps of the seaports, territorial sea waters and exclusive economic zones of the Republic of Lithuania and publish hydrographic measurements. Organise distribution of sea maps, manuals and other navigation publications;
6) construct, operate and maintain aids to navigation that ensure maritime safety in the waterways designated for general use, control their functioning, provide navigation information;
7) supervise how the port management companies and ship crews manage and transfer ship-generated waste and cargo residues to waste handling companies;
8) coordinate and organise removing the wreck in the territorial sea of the Republic of Lithuania;
9) monitor activities of the authorised ship classification societies, publicly announce on its website information about new authorised ship classification societies and about authorised ship classification societies whose right to conduct surveys of ships has been suspended in accordance with the procedure laid down by the Minister of Transport and Communications;
10) certify companies which render services related to maritime safety and carry out supervision of certified activities;
11) perform the procedures of recognition of certificates of competence issued by competent authorities of other states in the manner prescribed by the Minister of Transport and Communications;
12) in cases provided for by law deal with offences of maritime safety requirements and impose administrative penalties;
13) carry out vessel traffic monitoring;
14) within its remit, submit proposals to the Ministry of Transport and Communications on the preparation of legal acts of the Republic of Lithuania in the field of maritime safety, submit proposals for drafting decisions or individual regulatory processes, coordinate, review and/or supplement draft decisions, analyse draft decisions, issue conclusions regarding prepared draft decisions and carry out targeted analyses;
15) perform other functions provided for by laws and other legal acts of the Republic of Lithuania.
Article 6. Harbour Master
1. The head of a port management company shall appoint and dismiss the harbour master.
2. Activities of the harbour master shall be regulated by this Law and other legal acts regulating seaport activities as well as the harbour master’s regulations. The harbour master’s regulations shall, upon agreement with the Administration, be approved by the head of the port management company.
3. At the request of the harbour master, the ships which are in port must render assistance with all technical means at their disposal to ships and persons who are in distress.
4. Decisions of the harbour master regarding the issues within his remit are binding and must be carried out immediately. The harbour master’s decisions and actions may be appealed against in accordance with the procedure laid down by the Law of the Republic of Lithuania on Administrative Proceedings.
Article 7. Harbour Master's Remit in the Field of Maritime Safety
1. Activities of the seaport of the Republic of Lithuania related to maritime safety and prevention of pollution from ships shall be ensured by the harbour master. The harbour master shall, through the services subordinate to him:
1) organise vessel traffic and pilots' activities;
2) implement pollution incident response operations in the port area;
3) control the depth of the port water, implement the supervision of aids for port navigation and port navigation signs;
4) control the gauge of ships;
5) control the condition of port quays;
6) submit port navigation and hydro-meteorological information to the Administration and ships;
7) permit ships to enter and to leave the port, register the entry into and the exit of ships according to the procedure laid down by the head of the port management company;
8) in case of emergency situations at the port, redeploy the ships;
9) control the loading, unloading and movement of hazardous cargo in the port;
10) organises ship-generated waste transfer to waste handling companies.
2. The harbour master must refuse a ship permission to leave the port if:
1) a decision is received from the inspector regarding the detention of a ship in port;
2) the ship is loaded beyond the level that is allowed by the ship’s loading marks;
3) in case of a marine casualty, information necessary for casualty investigation is not submitted;
4) the loaded ship threatens the safety of navigation and/or marine environment;
5) the court ruling regarding seizure and detention of the ship has been received;
6) this is provided for in other legal acts of the Republic of Lithuania.
3. The harbour master shall have the right to refuse a ship permission to leave the port if the shipping company has not paid the port dues and fines, the ship has damaged or destroyed the port infrastructure and/or suprastructure, the shipping company has not covered the damage sustained by the port management company when organising the works of salvaging of the ship or the load as well as the woks of prevention of pollution from ships or pollution clean-up works or has not provided the guarantee for the payment/compensation for damage in accordance with the procedure laid down by laws of the Republic of Lithuania. When the shipping company pays port dues and fines and bears the port management company's costs or provides a guarantee for fulfilment of its obligations in accordance with the procedure laid down by laws of the Republic of Lithuania, the harbour master may permit the ship to leave the port.
4. The harbour master shall have the right to deny a ship the entry to the port or instruct it to leave the port if the ship does not satisfy the international maritime safety requirements, requirements of the legal acts of the European Union or Republic of Lithuania in the area of maritime safety.
Article 8. Authorised Ship Classification Societies
1. Only the ship classification societies authorised by the Administration shall have the right to carry out in accordance with international treaties of the Republic of Lithuania, legal acts of the European Union or legal acts of the Republic of Lithuania the technical maintenance and survey of ships flying the flag of the State of Lithuania and to issue relevant supporting documents.
2. The following conditions for granting an authorisation to the ship classification societies shall be valid:
1) a company must be recognised by the European Commission and included in the list of Recognised Organisations;
2) a company must have a registered office in Lithuania operating according to laws of the Republic of Lithuania; If there is no such representation, it must be established within 12 months from the conclusion of the agreement between the Administration and the authorised ship classification society.
3. The Administration shall examine an application of a ship classification society regarding granting of an authorisation and having ascertained that the society complies with the criteria set out in Annex I to Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ 2009 L 131, p. 11) and the organisation of its activities is in line with the requirements for maritime safety, shall submit, within 10 working days from the receipt of the application by the Administration, a proposal for an agreement on the technical maintenance and survey of ships flying the flag of the State of Lithuania and issuing appropriate documents certifying this.
4. The agreements concluded between the Administration and the classification societies stipulate the rights and duties of the authorised ship classification societies when performing technical maintenance and survey of ships and issuing, on behalf of the Republic of Lithuania, appropriate documents to ships, as well as rules for, and conditions of, co-operation and exchange of information between the authorised ship classification societies and the Administration. An authorised ship classification society shall have the right to carry out contractual activities from the date of signature of this agreement.
Article 9. International Maritime Organisation Audit
1. Upon the approval by the Government, the Minister of Transport and Communications shall, at least once every seven years, address the Secretary General of the International Maritime Organization so that an audit would be conducted by the International Maritime Organization assessing the implementation in the Republic of Lithuania of provisions of the International Maritime Organization conventions to which the Republic of Lithuania is a party.
2. Ministries and other institutions shall within their remit furnish information to the Ministry of Transport and Communications necessary for the arrangement of an audit referred to in paragraph 1 of this Article and shall within their remit take part in the audit conducted by the International Maritime Organization.
3. The results of such an audit shall be published on the website of the Administration, except for the information which may not be made public under laws of the Republic of Lithuania.
CHAPTER THREE
SHIP’S SEAWORTHINESS
Article 10. Ship’s Seaworthiness
1. Only a ship recognised as a suitable floating vessel may be used for navigation. The ship shall be recognised as suitable during its technical maintenance and survey.
2. A ship shall be recognised to be in a seaworthy condition fit to perform a particular voyage within the limits of the established sailing area if it has been designed, built, equipped and is being operated in compliance with the structural, mechanical, electrical equipment, technical, navigation, ecological, ship staffing, safety at work and health, and fire protection requirements, whereas valid documents certifying this and issued by the Administration or the authorised classification society are available on board.
3. Authorised ship classification societies shall, in accordance with their classification rules, perform technical maintenance of ships flying the flag of the State of Lithuania which are subject to the provisions of international treaties of the Republic of Lithuania governing maritime safety.
4. The Administration or on its behalf an authorised ship classification society shall perform technical maintenance of cargo ships flying the flag of the State of Lithuania of 300 gross tonnage and downwards and of fishing vessels flying the flag of the State of Lithuania of less than 24 metres in length.
5. Surveys of ships flying the flag of the State of Lithuania shall be carried out and required documents shall be issued in accordance with the provisions of Article 17 of this Law.
Article 11. Delimitation of the Sailing Territory (Boundaries)
Ship sailing territory and their boundaries shall be determined by the Administration or authorised ship classification societies, taking into account the permissible conditions for safe navigation specified in the ship's documentation.
Article 12. Requirements for the Design, Building and Equipment of Ships
Design and construction requirements for new ships that will be registered with the Republic of Lithuania Register of Seagoing Ships shall be laid down by authorised ship classification societies. The said societies shall also supervise the performance of the works.
CHAPTER FOUR
THE CREW OF A SHIP
Article 13. Requirements for the Ship's Crew and Issuance of Required Documents
1. Only seafarers holding valid diplomas of marine rank and the endorsements thereof, qualification certificates or other documents entitling them to perform relevant duties on board a ship as well as those who have been entered on the crew list of the ship shall be permitted to work on board the ship.
2. The procedure for granting marine ranks and issuing required documents shall be established by the Minister or Transport and Communications, having regard to international standards of training, certification and watchkeeping of seafarers.
3. A navigator who knows the state language must be in the wheelhouse of a ship entering or leaving the port, if the master of the ship has the permission to sail without a pilot. The requirement shall not apply if the pilot navigates the ship.
4. Required documents for seafarers shall be issued by the Administration.
5. A ship registered with the Republic of Lithuania Register of Seagoing Ships shall be prohibited to sail out to sea if the ship does not have a minimum safe manning document issued by the Administration. The minimum safe manning requirements shall be determined by the Minister of Transport and Communications, in accordance with the requirements of the minimum safe manning of the 1974 Convention of Safety of Life at Sea. The Administration shall examine a shipping company's application for a minimum safe manning document and documents provided for in the Rules of the Republic of Lithuania on Recording Seagoing Ships approved by the Minister of Transport and Communications and shall, within 10 working days from the receipt of the application by the Administration, issue a minimum safe manning document.
6. No member of the crew may be assigned to work on board a ship without the consent of the master of the ship.
7. Crew members may wear civilian fleet uniforms.
Article 14. Examination of Health Status of Ship’s Crew Members
1. Persons who wish to work as seafarers must undergo medical examination before taking up their employment and shall be subject to regular medical check-ups in the course of employment; they must also have a certificate of established form issued by the health care institution.
2. The procedure of medical examination of seafarers shall be laid down by the Government or an institution authorised by it having regard to the international maritime safety requirements.
3. The minimum requirements for the provision of medical aid on board the ships registered in the Republic of Lithuania shall be established by the Minister of Health, Minister of Transport and Communications, and Minister of Social Security and Labour in accordance with the norms of the international maritime law and norms of the European Union law.
Article 15. Navigational Watch on Board a Ship
1. In order to ensure maritime safety during a ship’s voyage as well as safe handling of the ship when moored at the quay or anchored, navigational watchkeeping shall be organised on board the ship.
2. The order of a navigational watch shall be established by the Statute of Service on Seagoing Ships of the Republic of Lithuania. The Statute shall be approved by the Minister of Transport and Communications.
Article 16. Republic of Lithuania Register of Seafarers
1. Persons who have been issued diplomas of marine rank of the Republic of Lithuania, qualification certificates and seaman’s books shall be entered on the Republic of Lithuania Register of Seafarers.
2. The Republic of Lithuania Register of Seafarers shall operate in accordance with the procedure laid down by the Regulations of the Republic of Lithuania Register of Seafarers that are approved by the Government.
3. The Republic of Lithuania Register of Seafarers shall be managed by the Ministry of Transport and Communications and administered by the Administration.
CHAPTER FIVE
SHIP SURVEY AND SHIP DOCUMENTS
Article 17. Ship Survey
1. Initial, periodical and additional surveys of ships shall be carried out.
2. An initial survey of a ship shall be completed before registering a ship with the Republic of Lithuania Register of Seagoing Ships. An initial survey of a ship shall be carried out in order to determine the technical condition of the ship and its compliance with international maritime safety requirements and requirements of legal acts of the Republic of Lithuania. An initial survey of a ship shall be carried out in accordance with the procedure laid down by the Minister of Transport of Communications.
3. Periodical surveys of a ship shall be carried out in order to determine whether the ship complies with the applicable international maritime safety requirements and requirements of legal acts of the Republic of Lithuania during its lifetime, and in order to grant new or confirm the existing required ship documents. Periodical surveys of ships in respect of which international maritime safety requirements are applied shall be carried out in accordance with the procedure of international legal acts on maritime safety. Periodical surveys of ships in respect of which international maritime safety requirements are not applied shall be carried out in accordance with the procedure laid down by the Minister of Transport and Communications.
4. Additional surveys of a ship shall be carried out in cases set out by legal acts of the Republic of Lithuania as well as international legal acts.
Article 18. Ship Documents
1. A list of international documents and documents of the Republic of Lithuania that regulate maritime safety and that must be kept available on board a ship registered with the Republic of Lithuania Register of Seagoing Ships shall be approved by the Administration. The Administration shall approve the form of ship’s log books, descriptions of the procedure of completion, registration and accounting treatment of such log books.
2. The diplomatic missions or consular posts of the Republic of Lithuania abroad shall be entitled to extend the validity of the ship’s documents according to the procedure laid down by the Government.
3. The ship’s plans and other documents provided for in international treaties of the Republic of Lithuania shall be approved or agreed by the Administration or an authorised ship classification society in according to the procedure laid down by these treaties.
CHAPTER SIX
ACTIVITIES OF PILOTS
Article 19. Pilot
1. The pilot’s duties can be performed by a person who is not older than 68 years of age, has a good command of the official language and the English language, has at least the marine rank of officer in charge of a navigational watch on ships of 500 GT or more and has the seagoing service of two years in that capacity, complies with the requirements for seafarers’ health conditions approved by the Minister of Health, has performed a six month internship for a pilot qualification, has presented a positive recommendation of his internship and passed the examination. The Administration shall determine the procedure for pilot examination and internship, as well as qualification requirements which the persons must meet in order to acquire the right to navigate ships of certain sizes.
2. The pilot’s certificate shall be issued by the Administration in accordance with the procedure laid down by the Minister of Transport and Communications. Pilot’s certificate shall be issued within five working days from the date of passing the examination, if he achieved the pass mark.
3. The Regulations of Pilot Service shall regulate pilot activities and procedure of navigation of ships with a pilot. The Regulations shall be approved by the Administration.
Article 20. Regions of Mandatory Navigation with a Pilot on Board a Ship
1. The types of ships and regions in the territorial sea and the exclusive economic zone of the Republic of Lithuania where sailing with a pilot on board is mandatory shall be determined by the Administration.
2. In port areas mandatory sailing with a pilot on board shall be established by the port shipping regulations.
Article 201. Navigation of Ships in the Port Area without a Pilot
1. The following ships may be navigated in port areas without a pilot:
1) sailing ships and other ships of a maximum length of 24 metres;
2) sports and pleasure craft;
3) fishing vessels with a gross tonnage of 300 which are registered in the Republic of Lithuania Register of Seagoing Ships and the Republic of Lithuania Inland Waterway Vessels;
4) local ships with a gross tonnage not more than 500;
5) ships for port services;
6) ships operating at the request of a port management company where such ships deepen the bottom of the port are, provided their masters are instructed by the harbour master to navigate in the port area without a pilot;
7) ships of a maximum length of 200 metres which are repaired in the areas of ship repair companies and in which the functions of a pilot are performed by the masters of the ship repair companies who hold pilot’s certificates issued by the Administration;
8) liner ships the masters of which have received in accordance with the procedure laid down by this Law a permit of unlimited duration of the harbour master to navigate in the port area of the Republic of Lithuania without a pilot (hereinafter: a ‘permit’).
2. The procedure for issuing, refusing, suspending of permits, lifting the suspension thereof and withdrawing them as well as for supervising the activities of the master of a liner ship (hereinafter: the ‘master of a ship’), setting up an examination commission and organising examinations shall be laid down by the Minister for Transport and Communications.
3. The master of a ship who wishes to obtain a permit must meet the following requirements:
1) that a liner ship over which he has command must have entered/left the port with a pilot at least six times within a period of three months according to a timetable agreed with the port management company;
2) repealed as of 1 January 2019;
3) that a navigator with a good command of the official language is present in the wheelhouse of the ship;
4) that he must have passed an examination held by an examination commission formed by the harbour master.
4. The knowledge of the master of the ship of the specificities of navigation in the port area shall be assessed during the examination.
5. In order to obtain a permit, the master of the ship shall submit to the harbour master an application and documents confirming the compliance with the requirements laid down in paragraph 3 of this Article (hereinafter: the ‘documents’).
6. If the harbour master determines that not all the documents have been submitted or that the documents contain incorrect and/or inaccurate data, he shall instruct the master of the ship to clarify the documents and prescribe a time limit of at least five working days to remedy the deficiencies. If the master of the ship remedies the deficiencies within the time limit set by the harbour master, he shall within two working days notify the former about this fact. If the harbour master fails to remedy the deficiencies within the time limit set by the harbour master, the latter shall, within two working days, take a decision refusing a permit and notify the master of the ship about this fact.
7. The harbour master shall hold an examination for the master of the ship within 15 working days of receipt of the application and all the required documents and issue a permit or refuse it by giving reasons (where it is found that the master of the ship does not meet at least one of the requirements laid down in paragraph 3 of this Article) as well as shall notify the master of the ship about this fact within two working days.
8. The master of the ship who has the permit must enter/leave the port in accordance with a timetable agreed with the port management company at least six times within a period of three months.
9. Where the harbour master determines that the master of the ship infringes at least one of the requirements laid down in paragraph 8 of this Article and/or the requirements laid down in Article 13(3) of this Law, he shall warn the master of the ship about possible suspension of the permit and prescribe a time limit of not less than 10 working days and not more than 20 working days from the warning of the possible suspension of the permit during which the deficiencies are to be remedied. Having remedied all the deficiencies within the set time limit, the master of the ship must notify the harbour master about this fact within two working days and furnish information confirming this.
10. The permit shall be suspended if the master of the ship fails to remedy the deficiencies referred to in paragraph 9 of this Article within the time limit set by the harbour master, if the master of the ship submits an application for suspension of the permit or in the event of a marine casualty through the fault of the master of the ship for the duration of the investigation of this casualty. The harbour master shall immediately, but not later than within two working days following the time limit which is set by him to remedy the deficiencies, which is referred to in paragraph 9 of this Article and after the expiry of the time limit of two working days to notify the harbour master, suspend a permit and notify the master of the ship about this fact. Such notification shall stipulate a time limit of not less than 10 working days from the receipt of the notification, within which the master of the ship must remedy the deficiencies referred to in paragraph 9 (unless the master of the ship submits an application for suspension of the permit or if, in the event of a marine casualty through the fault of the master of the ship the permit is suspended for the duration of the investigation of this casualty). This time limit may be extended once and for a period not exceeding three months, upon the reasoned request of the master of the ship. Such a request must be made to the harbour master no later than three working days before the expiry of the time limit prescribed by the harbour master for the master of the ship to remedy the deficiencies.
11. Once the deficiencies have been remedied, the master of the ship shall notify the harbour master about this fact, who after verifying the information and establishing that the deficiencies have been remedied, lifts the suspension and notifies the master of the ship about this fact within two working days.
12. The harbour master shall, within two working days following the transpiration of the circumstances specified in this paragraph, withdraw the permit and notify the master of the ship about this fact, except in the case referred to in point 7 of this paragraph, provided that:
1) the master of the ship submits an application for withdrawal of the permit;
2) the marine casualty has occurred through the fault of the master of the ship (during the investigation of the marine casualty the permit is suspended in accordance with the procedure laid down in paragraph 10 of this Article);
3) the master of the ship fails to comply with at least one of the instructions of the harbour master’s services relating to maritime safety and pollution prevention;
4) it appears that the false data have been produced in order to obtain the permit;
5) the master of the ship fails within the time limit set by the harbour master to remedy the deficiencies for which the permit has been suspended and the time limit set in paragraph 11 of this Article to notify the harbour master about the elimination of the deficiencies expires;
6) the master of the ship navigates in the port area without a pilot even if the permit has been suspended;
7) the master of the ship dies.
Article 21. Relations between a Pilot and the Master of a Piloted Ship
1. The master of a ship shall be responsible for the steering of the navigated ship. If the master of the ship leaves the wheelhouse, he must inform a pilot as to who in his absence will be responsible for the steering the ship.
2. A pilot must give advice to the master of a navigated ship, ensuring safe steering of the ship, and be certain that the master of the navigated ship has understood the advice correctly.
3. If the master of a navigated ship does not take into account a pilot’s advice, the pilot nevertheless must, to the extent possible, provide the master of the ship with the information about the peculiarities of the shipping area.
Article 22. Prohibition for a Pilot to Abandon a Navigated Ship
A pilot who has started navigating a ship shall not have the right to abandon the ship without permission from the master of the navigated ship:
1) while navigating the outbound ship: until the ship reaches the area from where it can sail safely without the assistance of the pilot;
2) when navigating the inbound ship: until the ship drops anchor or is safely berthed at the quay;
3) until the pilot on board the navigated ship is replaced by another pilot.
CHAPTER SEVEN
SHIP CONTROL
Article 23. Control of Foreign Ships
1. The purpose of control of foreign ships shall be to determine whether foreign ships that enter seaports of the Republic of Lithuania meet the international maritime safety requirements and the standards of living and working conditions of the crew on board the ship.
2. The Administration shall organise and conduct control of foreign ships. The Minister of Transport and Communications shall lay down a control procedure of foreign ships in accordance with the international maritime safety requirements and legal acts of the European Union.
3. If the inspection of a foreign ship establishes its non-compliance with the requirements of the international maritime safety requirements and the standards of working and living conditions of the crew on board the ship and because of this the ship is prohibited to leave the port, re-inspection of the ship shall be conducted in accordance with the procedure laid down by the Minister of Transport and Communications after the elimination of the shortcomings. The shipping company must cover all the costs of the inspections of the ship in accordance with the procedure laid down by the Minister of Transport and Communications.
Article 24. Control of Ships Flying the Flag of the State of Lithuania
1. The objective of the control of ships flying the Lithuanian flag is to determine whether the ships comply with the international maritime safety requirements and the standards of working and living conditions of the crew on board the ship as well as other legal acts of the Republic of Lithuania regulating maritime safety.
2. The Administration or its authorised persons shall conduct control of ships flying the flag of the State of Lithuania in accordance with the procedure laid down by the Minister of Transport and Communications.
3. If a ship flying the flag of the State of Lithuania is detained in the port of a foreign state due to the violations of the international maritime safety requirements, the Administration must investigate the causes of such detention. The shipping company must provide the Administration with all the information necessary for the investigation.
4. Having identified that the ship has been detained in the port due to the violations of the international maritime safety requirements which could have endangered human lives at sea and the maritime environment as a result of the pollution, the Administration must conduct a thorough inspection of the ship in accordance with the procedure laid down by the Minister of Transport and Communications.
Article 25. Restrictions on Ship's Departure from Port due to the Violations of the Maritime Safety Requirements and the Standards of Working and Living Conditions of the Crew on Board a Ship or the Requirements of Legal Acts of the Republic of Lithuania Regulating Maritime Safety
1. Having identified the violations of the international maritime safety and the standards of working and living conditions of the crew on board a ship or the requirements of legal acts of the Republic of Lithuania regulating maritime safety, an inspector s shall draw up a report, in accordance with a specific format, on this.
2. An inspector shall detain a ship in port, if:
1) the crew of the ship fails to meet the minimum safe manning requirements, which are indicated on the document the minimum safe manning or the certificates of competence or qualification certificates of the crew members of the ship are not valid or do not grant them the right to assume appropriate duties on board the ship;
2) the ship does not meet the marine safety requirements;
3) the ship documents are either invalid or missing;
4) the master of the ship refuses to allow to inspect the ship;
5) prohibition for the ship to leave the port is provided for in other legal acts.
3. Prohibition of the inspector for the ship to leave the port shall be documented in the format of a decision setting out the reasons and violations due to which it is prohibited to leave the port, the time limit to remedy the deficiencies and the procedure for appealing against. The Administration shall inform about the decision the master of the ship (the shipping company), the harbour master, the ship's Flag State, the International Maritime Organisation and, if the ship is maintained by the authorised ship classification society to that society.
4. The decision of the inspector regarding detention of the ship in port shall be executed by the harbour master.
5. If the ship had been detained in the port due to an unfounded decision, the damages incurred by the shipping company shall be compensated in accordance with the procedure laid down by the law of the Republic of Lithuania.
Article 26. Requirements for Inspectors Exercising Control over Foreign Ships and Ships Flying the Flag of the State of Lithuania
1. Inspectors exercising control over foreign ships and ships flying the flag of the State of Lithuania must have the necessary theoretical knowledge and practical experience of ships and their operation. They must be competent in the enforcement of requirements of international conventions and in the areas of performance of relevant state control procedures of the port. This knowledge and expertise in the enforcement of requirements of international legal acts as well as legal acts of the European Union and the Republic of Lithuania must be acquired through training programmes, based on the guidelines established by the International Maritime Organization and European Union institutions. They must have a knowledge of the English language and maritime terminology in English.
2. Inspectors exercising control over foreign ships must comply with the following qualification requirements:
1) have a university degree in marine engineering or marine technology in the field of technological sciences and have a marine rank of master or chief mate on ships of 3 000 GT or more or marine rank of chief engineer officer or second engineer officer on ships powered by main propulsion machinery of 3 000 kW propulsion power or more and have approved seagoing service of not less than five years in a capacity of an officer or
2) have a university degree in marine engineering or marine technology in the field of technological sciences and at least five years of work experience directly related to the shipbuilding, ship design, ship propulsion systems’ engineering or marine pilotage, ship operation or ship inspection and issuance of certificates in accordance with provisions of international agreements, or
3) have a university degree in marine engineering or marine technology in the field of technological sciences and have completed specialised training programmes, prepared according to the guidelines established by the International Maritime Organization and the European Union institutions at the institution for the training of ship safety inspectors and acquired respective qualification at it.
3. Before his appointment to carry out control of foreign ships, an inspector must have at least one year work record of carrying out control of ships flying the flag of the State of Lithuania, or executing other duties related to surveys and issuance of certificates in accordance with provisions of the International Convention on Load Lines, 1966, the International Convention for the Safety of Life at Sea, 1974, the International Convention for the Prevention of Pollution from Ships, 1973 and its 1978 Protocol thereto, the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, the International Convention on Revision of the International Regulations for Preventing Collisions at Sea, 1972, the International Convention on Tonnage Measurement of Ships, 1969, the Merchant Shipping (Minimum Standards) Convention, 1976, the International Convention on Civil Liability for Oil Pollution Damage, 1992, or with the monitoring of the authorised ship classification society or having acquired relevant remit during a minimum of one year's training in the work place, participating in exercising of control over foreign ships under the guidance of experienced inspectors.
4. Inspectors carrying out control over ships flying the flag of the State of Lithuania must meet the following qualification requirements:
1) have a university degree in marine engineering or marine technology in the field of technological sciences and have a marine rank of master or chief mate on ships of 500 GT or more, or marine rank of chief engineer officer or second engineer officer on ships powered by main propulsion machinery of 3 000 kW or more, and have approved seagoing service of not less than five years in a capacity of an officer or
2) have a university degree in marine engineering or marine technology in the field of technological sciences or have at least five years’ experience directly related to shipbuilding, ship design, ship propulsion systems’ engineering, marine pilotage, ship operation or ship inspection and issuance of certificates in accordance with provisions of international agreements, or
3) have a university degree in marine engineering or marine technology in the field of technological sciences or at least five years’ experience, directly related to ensuring of maritime safety, at state institutions.
5. If inspectors, carrying out control over foreign ships and ships flying the flag of the State of Lithuania, concurrently evaluate the ship security systems’ compliance with the requirements of the International Ship and Port Facility Security Code, they must also have knowledge of maritime security principles and how these principles are applied to the operations being examined, knowledge of security technologies and techniques, knowledge of inspection principles, procedures and methods, and have a working knowledge of the operations being examined.
6. The master of a ship must grant an inspector exercising control over foreign ships and ships flying the flag of the State of Lithuania access to the ship and to its rooms, and also provide him with the documents and information required by him.
chapter EIGHT
OBJECTIVE OF ASSESSMENT OF SHIPPING COMPANIES AND
SAFETY MANAGEMENT SYSTEMS, SHIPS AND PORT FACILITY SECURITY, SHIPS AND THEIR CREWS COMPLIANCE WITH
INTERNATIONAL REQUIREMENTS REGARDING MARITIME LABOUR AND GRANTING OF AUTHORISATIONS
Article 27. Objective of Assessment of Shipping Companies and Safety Management Systems and Granting of Authorisations
1. The objective of assessment of shipping companies and safety management systems shall be to determine whether shipping companies and safety management systems are in line with the International Management Code for the Safe Operation of Ships and for Pollution Prevention.
2. The Administration or a classification society authorised by it shall, within its remit, assess shipping companies and safety management systems in accordance with the procedure laid down by the Minister of Transport and Communications.
Article 28. Objective of Security Assessment of Ships and Granting of Authorisations
1. The objective of security assessment of ships shall be to determine whether ships security system is in line with the requirements of the International Ship and Port Facility Security Code.
2. The Government shall establish the procedure for implementing the requirements of the International Ship and Port Facility Security Code, the responsible authorities and their functions.
Article 29. Objective of Compliance Assessment of Ships and their Crews with International Maritime Safety Requirements on Maritime Labour and as well as Granting of Authorisations
1. The objective of compliance assessment of ships and their crews with international maritime safety requirements regarding maritime labour shall be to determine whether the requirements of international treaties and legal acts of the Republic of Lithuania regarding maritime labour of seafarers are implemented on ships.
2. The Administration or ship classification societies authorised by it shall perform compliance assessment of ships and their crews with international maritime safety requirements regarding maritime labour in accordance with the procedure laid down by the Minister of Transport and Communications, the Minister of Social Security and Labour and the Minister of Health, and issue the relevant documents.
CHAPTER NINE
RIGHTS AND OBLIGATIONS OF A SHIPPING COMPANY AND
THE MASTER OF A SHIP IN THE FIELD OF MARITIME SAFETY
Article 30. Obligations of a Shipping Company
1. A shipping company must ensure compliance with maritime safety requirements and seafarers' working and living conditions on board a ship and shall be responsible that:
1) every ship is commanded by the master of the ship and other officers of the ship’s crew who have appropriate qualifications in seafaring, pilotage, communications and maritime technology, and the ship’s crew, according to its qualification and number of its crew members, suitable for work on a specific ship, considering its type, size, engines and equipment thereof;
2) the master of the ship and the ship's crew are familiar with the law governing the safety of life at sea, how to avoid collision of ships, marine pollution, how to maintain radio contact and ensure that these rules are complied with;
3) seafarers working on board the ship receive the information necessary for their work about maritime safety in a language they understand;
4) requirements of this Law and other legal acts are complied with at the shipping company and on board the ship.
2. The shipping company cannot influence decisions of the master of the ship relating to maritime safety.
Article 31. Rights and Obligations of the Master of a Ship in the Field of Ensuring Maritime Safety
1. The master of a ship shall be responsible for maritime safety and seafarers' working and living conditions on board the ship during navigation of the ship. He must:
1) maintain the ship’s condition suitable for navigation;
2) immediately notify the shipping company and the Administration of the damage caused to the ship, its equipment or machinery affecting the safety of the ship;
3) immediately inform the Administration about the detention of the ship in a foreign port for violations of international maritime safety requirements.
2. In the event of death of a crew member or other circumstances due to which he is unable to carry on his duties, the master of a ship shall have the right to continue navigation with an incomplete crew of the ship, if he is confident that the remaining crew members of the ship ensure safe navigation. It shall be permitted to continue navigation with the incomplete crew of the ship only as far as the nearest port, where it is mandatory to complete the ship’s crew.
3. The master of a ship must, prior to adopting a decision specified in paragraph 2 of this Article, inform the shipping company and the Administration.
CHAPTER TEN
SAFE LOADING AND UNLOADING OF A SHIP
Article 32. General Requirements
1. A ship shall be loaded and unloaded and the ballast shall be used in accordance with an actual loading and cargo layout plan (diagram) of the ship approved by the master of the ship in advance.
2. The master of s ship shall be responsible for the safe loading, unloading of the ship, cargo retention and the use of ballast.
3. The Minister of Transport and Communications shall approve the rules of safe loading and unloading of bulk carriers in accordance with the international maritime safety requirements.
CHAPTER ELEVEN
CARRIAGE OF DANGEROUS OR POLLUTING CARGOES ON BOARD A SHIP
Article 33. Procedure of Carriage of Dangerous or Polluting Cargoes
1. The Minister of Transport and Communications shall establish the requirements for carriage of dangerous or polluting cargoes in accordance with the provisions of the International Convention for the Prevention of Pollution from Ships, 1973, the International Maritime Dangerous Goods Code, the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, European Union law and laws and other legal acts of the Republic of Lithuania establishing the international maritime safety requirements.
2. When leaving a loading port located outside the European Union, the master or agent of a ship going to a Lithuanian seaport and carrying dangerous or polluting cargoes must provide information about the dangerous or polluting cargoes on board the ship to the port management company of the Republic of Lithuania.
3. When leaving a loading port located within the territory of the European Union, the master of a ship going to a Lithuanian seaport and carrying dangerous or polluting cargoes shall ensure that information about the dangerous or polluting cargoes is provided to the competent authorities of the port of departure.
4. The master or agent of a ship leaving a Lithuanian seaport and carrying dangerous or polluting cargoes must inform the port management company of the Republic of Lithuania about dangerous or polluting cargoes on board.
5. The port management company shall immediately transmit electronically this information to the Administration which ensures provision of this data to the SafeSeaNet system.
6. The procedure for providing information about dangerous or polluting cargoes on board a ship shall be laid down by the Minister of Transport and Communications.
7. In accordance with the provisions of international treaties of the Republic of Lithuania and legal acts of the European Union, ships carrying dangerous or polluting cargoes must have on board the certificate issued by the ship's Flag State or on its behalf by the ship classification society confirming that the ship is adapted for carriage of corresponding-type dangerous cargoes. It shall be prohibited to start loading on ship dangerous or polluting cargoes, if the ship does not have this certificate.
8. It shall be prohibited to offer to carry or start loading on board dangerous or polluting cargoes, if the shipper has not submitted to the master of a ship or the shipping company the declaration of dangerous cargo.
9. In case of a marine casualty of a ship carrying dangerous or polluting cargoes in the search and rescue region or under the circumstances that pose a threat to the marine environment or coastal area of the Republic of Lithuania sea, the master of a ship shall immediately notify the Maritime Rescue Coordination Centre of the Naval Force of the Armed Forces of Lithuania.
CHAPTER TWELVE
REQUIREMENTS FOR PASSENGER SHIPS AND RO-RO PASSENGER SHIPS
Article 34. Requirements for Passenger Ships and Ro-Ro Passenger Ships
1. All passenger ships and ro-ro passenger ships registered in the Republic of Lithuania must hold a valid passenger ship safety certificate, which must indicate the number of passengers these ships are classified to carry.
2. A passenger ship safety certificate shall be issued in accordance with international treaties of the Republic of Lithuania, legal acts of the European Union and of the Republic of Lithuania by the Administration or its authorised ship classification society within 10 working days after the survey date, provided that the survey results are positive.
3. It shall be prohibited to carry by a passenger ship or a ro-ro passenger ship more passengers than specified in the passenger ship or ro-ro passenger ship safety certificate, with exceptions provided for in the International Convention for the Safety of Life at Sea, 1974 or other legal acts the ensuring international maritime safety requirements.
Article 35. Requirements for Special Purpose Ships, Rescue Ships, High-Speed Craft and Traditional Ships
The Minister of Transport and Communications or its authorised institution shall, having regard to relevant international maritime safety requirements, establish additional seaworthiness, watchkeeping, navigational equipment, crew training requirements for special purpose ships, rescue ships, high-speed craft and traditional ships.
CHAPTER THIRTEEN
TOWAGE OF SHIPS
Article 36. Safety Requirements for a Ship's Towage in the Port
1. A port management company shall establish safety requirements for a ship's towage in the port.
2. Harbour masters of these ports shall supervise compliance with the requirements of safe towage in seaports of the Republic of Lithuania.
CHAPTER FOURTEEN
LEGAL PERSONS, OTHER ORGANISATIONS AND THEIR BRANCHES PERFORMING MARITIME SAFETY RELATED ACTIVITIES
Article 37. Certification of Legal Persons, other Organisations and their Branches
1. Legal persons, other organisations and their branches (hereinafter: a 'company') seeking to carry out or carrying out activities specified in paragraph 2 of this Article must be certified by the Administration.
2. Certified companies whose activities shall be:
1) repair, inspection and testing of life-saving appliances;
2) repair, inspection and testing of the fire protection appliances;
3) repair, inspection and testing of navigational and radio navigational equipment;
4) pilots' activities;
5) loading of marine cargo, with the exception of dangerous or environment polluting cargoes;
6) loading of hazardous or environment polluting marine cargo;
7) intermediation in recruitment of seafarers or recruitment of seafarers on board.
3. Companies shall be certified in accordance with the procedure specified in the certification rules approved by the Minister of Transport and Communications.
Article 38. Main Requirements for Companies Seeking to Carry out or Carrying out Activities Specified in Article 37(2) of this Law
A company seeking to carry out or carrying out activities specified in Article 37(2) of this Law or part thereof, must:
1) own by the right of ownership or on other legal grounds water transport, auxiliary sailing, rescue, repair, testing, measurement, communications, cargo, underwater technical equipment and certified equipment which is necessary for activities and which must comply with the requirements of laws and other legal acts of the Republic of Lithuania and international treaties of the Republic of Lithuania;
2) have qualified professionals with expertise in legal acts regulating certified activities or part thereof, regulations and technology, have experience in the field of the activity in which the company wishes to operate;
3) have the description of the company's activities (production process) and its management framework;
4) own by the right of ownership or on other legal grounds production or other premises that are necessary to carry out certified activities or part thereof;
5) have a person responsible for the quality of work who was appointed by the manager of the company.
Article 39. Additional Requirements for Companies Seeking to Carry out or Carrying out Activities Specified in Article 37(2) of this Law
1. Additional requirements for companies seeking to carry out or carrying out activities of repair, inspection and testing of life-saving appliances shall be as follows:
1) to have the technical requirements approved by a manufacturer that repaired or tested life-saving appliances must satisfy;
2) to have a certificate issued by a manufacturer allowing to perform inspection and repair of appropriate life-saving appliances.
2. Repealed as of 1 January 2019.
3. Additional requirements for companies seeking to carry out or carrying out activities of ship repair, inspection and testing of fire protection appliances shall be as follows:
1) to have the technical requirements issued by a manufacturer that repaired, inspected and tested fire protection appliances must satisfy,
2) to have a certificate issued by a manufacturer allowing to perform inspection or repair of appropriate life-saving appliances.
4. An additional requirement for companies seeking to carry out or carrying out navigational and radio navigational equipment repair, inspection and testing activities shall be to have the permit or certificate issued by a manufacturer to install its equipment.
5. Repealed as of 1 January 2019.
6. Additional requirements for companies seeking to carry out or carrying out pilots' activities shall be as follows:
1) pilots must hold a valid pilot certificate;
2) to have equipped premises, be equipped with a means of communication for keeping contact with port authorities and port users;
3) to have a company management framework which sets out the company's relationships with the vessel traffic service of the port and the port users;
4) to have agreements in place with port authorities regarding the use of vessel traffic management systems of the port.
7. Repealed as of 1 January 2019.
8. Additional requirements for companies seeking to carry out or carrying out marine cargo load activities, with the exception of dangerous or environment polluting cargo handling, shall be as follows:
1) to be authorised to use the hydraulic structures situated at a leased land plot of the port (quays, parallel berth, floating equipment);
2) to have staff responsible for implementation of loading technology requirements who completed university studies in transport engineering (professional qualifications of pilotage, ship engineering, ship-energy equipment or port management) or hold special certificates of competence issued according to the procedure specified by legal acts;
3) to have a port facility (terminal) security compliance act or document issued by the Minister of Transport and Communications proving the company's contractual relations with a holder of such act;
4) to have general civil liability insurance;
5) to have an integrated pollution prevention and control permit issued in accordance with the Law on Pollution Tax or other evidence of pollution tax payment.
9. Additional requirements for companies seeking to carry out or carrying activities of dangerous and environment polluting cargo handling shall be as follows:
1) the company must comply with the requirements set out in paragraph 8 of this Article;
2) all staff performing cargo loading must be trained and issued a certificate of competence of dangerous goods shipper according to the procedure provided for by laws;
3) have the technical measures or facilities for disposal of waste from the transhipment of dangerous or environment polluting cargo, or have a contract regarding disposal of such waste.
10. Repealed as of 1 January 2019.
11. Additional requirements for companies seeking to carry out or carrying out activities of seafarers’ recruitment shall be as follows:
1) to have electronic devices for provision of data on the employment of seafarers on board to the Register of Seafarers of the Republic of Lithuania;
2) to have a cooperation agreement with a shipping company regarding employment of seafarers or other document confirming the intention to conclude such an agreement. Cooperation agreement with a shipping company must include guarantees to ensure the possibility to compensate seafarers for their material losses in case of a company's failure to fulfil an obligation to recruit them, liabilities to pay wages, obligations to return seafarers to their place of residence, if the shipping company left a seafarer at a foreign port;
3) to have data on seafarers employed and, at a request of the Administration, provide it with such information;
4) the head of the company or a person responsible for selection of individual seafarers must have a university degree in marine engineering or marine technology in the field of technological sciences or have at least one year of work experience at a company which engages in recruiting seafarers, or experience at the human resources department of a shipping company.
12. Repealed as of 1 January 2019.
Article 40. Certification of a Company Seeking to be Certified, Refusal of Certification for a Company, Suspension of Certification of an Activity or Part thereof, Lifting of Suspension of Certification and Revocation of Certification
1. A company seeking to be certified shall submit in accordance with the procedure laid down in the company certification rules directly, by registered mail or electronically to the Administration an application (by bringing the matter directly to the Administration or through the Service and Product Contact Point) in the form approved by the Administration as well as other documents specified in the company certification rules. A decision to grant certification for a company and to enter it in the register of certified companies or a written reasoned refusal to grant certification for a company shall be submitted to the company within 20 working days from the receipt of all the documents required for certification of the company.
2. A company shall be refused certification in case:
1) it does not comply with the main and additional requirements provided for in Articles 38 and 39 of this Law;
2) not all the documents required according to the company certification rules are submitted and this shortcoming is not addressed within the set time limit;
3) the submitted documents have been filled in incorrectly or misleading data have been provided and they are not remedied within the time limit set by the Administration.
3. Certification of a company's activities or part of it shall be suspended in case:
1) the company does not comply with the requirements provided for in Articles 38 and 39 of this Law;
2) the company violates or fails to comply with cross-border legal regime or customs regulations - by a reasoned recommendation of the State Boarder Guard Service under the Ministry of the Interior of the Republic of Lithuania and the Customs Department under the Ministry of Finance of the Republic of Lithuania;
3) the company violates requirements for port shipping, port use, ship crews' working and rest time - by a reasoned recommendation of the port management company;
4) the activity of the certified company may cause damage to the nature of the Republic of Lithuania, pose a threat to human life and health - by a reasoned recommendation of the Environmental Protection Department and the National Public Health Center under the Ministry of Health;
5) the company submits an application to the Administration to suspend its certified business or part of it.
4. Upon suspension of certified activities or part of it, the Administration shall in writing set a time limit within which the company must eliminate infringements of the certified activity provided for in points 1, 2, 3 and 4 of paragraph 3 of this Article. Having eliminated the infringements, the company shall notify in writing the Administration about this and the Administration shall verify the information and, within 10 working days, take a decision to lift the suspension of the certified activities or revoke the certification if the violations were not eliminated within the set time limit.
41. Where the Administration refuses to certify a company, withdraws the certification of the company’s activities or part thereof, suspends the certification of the company’s activities or part thereof, lifts the suspension of the certification of the company’s activities or part thereof, it shall immediately inform the company about this in writing but not later than within two working days of the adoption of the decision.
5. Certification of a company’s activities or part thereof shall be withdrawn if:
1) the company submits an application to the Administration to withdraw the certification of its activities or part thereof;
2) the company repeatedly violates the requirements provided for in points 1, 2, 3 and 4 of paragraph 3 of this Article over a period of one year from the establishment of the first violation;
3) the company does not eliminate violations of the certified activities conditions within the period established by the Administration;
4) the company continues the certified activities after the suspension of the certified activities.
6. A company may be certified to carry out one or more activities specified in Article 37(2) of this Law, as well as some specific activity which covers only part of the activities provided for in Article 37(2) of this Law.
7. A company certified to carry out an activity provided for in Article 37(2)(6) of this Law may also carry out an activity provided for in Article 37(2)(5) of this Law without separate certification.
8. State supervision of activities of companies related to services specified in Article 37(2) of this Law shall be performed by the Administration in accordance with the procedure established by the Law of the Republic of Lithuania on Public Administration. The Administration shall have the right to refuse to certify a company, to suspend the certified activities or part thereof or to withdraw the certification. These actions shall be documented in the form of an order of the Director of the Administration.
Article 401. Requirements for Companies Seeking to Carry out Underwater Works in Seaports and at Sea
1. A company carrying out underwater works in seaports and at sea must have:
1) the occupational safety rules for divers approved by the head of the company in accordance with the Code of Practice for Offshore Diving (D 014) adopted by the International Marine Contractors Association (IMCA) which must lay down the procedures for planning, conducting and directing operations of divers, the procedures for controlling the technical maintenance of equipment, ensuring safety and health requirements, briefing and checking of knowledge of personnel members, as well as the procedures relating to unforeseen, emergency situations and for providing assistance;
2) a team/teams of divers or a diver station/stations equipped with the necessary equipment to carry out works of the divers safely, and the qualification of divers’ underwater works must have been acquired in any Member State of the European Union or in any State of the European Economic Area.
2. Underwater works in seaports and at sea shall be prohibited for amateur divers.
3. Compliance with the statutory requirements of the companies carrying out underwater works in seaports and sea shall be determined by the Administration in accordance with the procedure laid down by the Minister of Transport and Communications.
CHAPTER FIFTEEN
SHIP EQUIPMENT
Article 41. Ship Equipment
Ship equipment which in accordance with international maritime safety requirements have to be or may be used on a ship to ensure maritime safety and which in line with international maritime safety requirements are required to have an approval of the Administration or an authorised ship classification society must meet the requirements set out by the Minister of Transport and Communications.
CHAPTER SIXTEEN
WATERWAYS DESIGNATED FOR GENERAL USE, NAVIGATION EQUIPMENT
Article 42. Ensuring Maritime Safety in General Waterways
1. General waterways may be marked and denoted in nautical charts only after the completion of hydrographic and other explorations of these ways.
2. Navigational marking on general waterways shall be carried out by the Administration, and within the seaport territories and area - by the port management company.
3. The Administration shall organise publication and distribution of nautical charts, manuals and other nautical publications and dissemination of information on navigational changes in the Republic of Lithuania. On its website, the Administration must make public every known danger to shipping in the territorial sea, the exclusive economic zone and port areas of the Republic of Lithuania. The procedure of drafting, proofreading, publication and distribution of nautical charts, manuals and other nautical publications shall be established by the Minister of Transport and Communications.
4. Construction work on general waterways shall be subject to the Government approval. Construction work which impede ensuring of maritime safety on general waterways shall be prohibited.
Article 43. Restrictions in the Area of Operation of Aids to Navigation
1. Various aids to navigation shall have specified operation areas in which this installation must be clearly visible from ships.
2. It shall be prohibited without coordination with a port management company or the Administration to carry out construction, mechanised mining and agricultural work, to plant trees, install high-power electric or other light sources in the area of operation of aids to navigation.
3. The Government or its authorised institution shall set the limits of the area of operation of aids to navigation.
CHAPTER SEVENTEEN
RESCUE OF PERSONS, INVESTIGATION OF MARITIME ACCIDENTS,
REMOVING OF THE WRECK
Article 44. Search and Rescue of Persons
1. Search and rescue of persons within a search and rescue region shall be organised, coordinated and managed by the Lithuanian Armed Forces. The Lithuanian Armed Forces shall organise, co-ordinate and be in charge of these actions via the Maritime Rescue Coordination Center of the Navy of the Lithuanian Armed Forces.
2. Search and rescue of persons within a search and rescue region, except port areas and the Curonian Lagoon, shall be organised by the Lithuanian Armed Forces, at the Curonian Lagoon - by the authorised institutions of the Ministry of the Interior of the Republic of Lithuania, and in port areas - by the seaport administrations.
3. In order to carry out search and rescue of persons, the responsible institution may, at the request of the head of the Maritime Rescue Coordination Center of the Navy of the Lithuanian Armed Forces, use capacities and means of the State Boarder Guard Service under the Ministry of the Interior of the Republic of Lithuania, the Fire and Rescue Department under the Ministry of the Interior of the Republic of Lithuania, the Administration, seaport authorities and other state and municipal institutions; the said capacities and means are assigned for work in accordance with the Plan of Search and Rescue of Persons within a Search and Rescue Region (hereinafter: ‘the Plan’) approved by the Chief of Defence, in coordination with the institutions referred to in this paragraph. If capacities and means assigned according to the Plan are insufficient to carry out the exercise of search and rescue of persons, additional capacities and means of the institutions which are specified in this paragraph and which are not classified according to the Plan shall be employed.
4. The duties and powers of institutions specified in this Article in organising, co-ordinating, and management or carrying out search and rescue operations in a search and rescue region shall be established by the Government. These operations shall be organised, coordinated, managed and carried out in accordance with the International Convention on Maritime Search and Rescue, 1979, the Plan and legal acts of the Republic of Lithuania.
Article 45. Obligation to provide assistance
1. A master of every ship that is in danger, if possible, must seek to save the persons on board and the ship in every possible way.
2. A master of every ship, without posing a serious threat to his ship and persons on board, must:
1) provide assistance to any person at sea, in the presence of danger to his life;
2) sail at maximum possible speed to rescue persons in distress, if it has been announced that they need assistance and if it is possible to render it.
Article 46. Duties of the Masters of Ships in Collision
1. Every master of a ship collided, without posing a serious threat to his ship and persons on board, must provide assistance to persons who are in danger.
2. Following a collision between ships, the master of each ship that collided must inform one another of the names of the ships, the ships’ ports of registry, indicate the nearest port to which his ship will sail, and coordinate further actions.
Article 47. Temporary Restriction of Entry of Ships into the Territorial Sea of the Republic of Lithuania
1. In the presence of a likelihood that because of a ship, its wreck, other constructions or construction works being in danger or damaged in a specific zone of the territorial sea of the Republic of Lithuania, the territorial sea of the Republic of Lithuania or its coastline may be directly or indirectly polluted with oil products or dangerous and noxious materials, and the damage caused to persons or their property, while by restricting the entry of ships into said zone such consequences would be avoided or reduced, the Administration shall have the right to temporarily restrict the entry of ships into the zone of the territorial sea of the Republic of Lithuania. This decision shall be immediately made public by the Administration on its website.
2. Upon notification that the zone specified in paragraph 1 of this Article has been established, no ship may enter it or be present there, except for the ships specified in the Administration’s decision regarding the temporary restriction of entry of ships into the zone of the territorial sea of the Republic of Lithuania.
Article 48. Aims and Procedures of Investigation of Marine Casualties and Incidents
1. An aim of investigation of marine casualties and incidents shall be to identify the circumstances, causes and consequences of a marine casualty or incident, to submit conclusions and proposals regarding application of preventive actions in order to prevent similar marine casualties or incidents in the future. The purpose of such investigations shall not be to determine liability or apportion blame.
2. An investigation manager/investigation managers appointed by the Minister of Transport and Communications (hereinafter: 'the investigation manager') shall conduct investigation of marine casualties and incidents. The investigation manager shall have the following rights and duties:
1) the right to have free access to any relevant area or casualty site, as well as to any ship, wreck or structure including cargo, equipment or debris;
2) the duty to ensure immediate listing of evidence and controlled search for and removal of wreckage, debris or other components or substances for examination or analysis;
3) the right to require examination or analysis of the items referred to in point 2 of this paragraph, and the right to have free access to the results of such examinations or analysis;
4) the right to have free access to, copy and have use of any relevant information and recorded data on the marine casualty or incident, including voyage data recorder data, pertaining to a ship, voyage, cargo, crew or any other person, object, condition or circumstance;
5) the right to have free access to the results of examinations of the bodies of victims or of tests made on samples taken from the bodies of victims;
6) the right to require and have free access to the results of examinations of, or tests made on samples taken from, people involved in the operation of a ship or any other relevant person;
7) the right to interview witnesses in the absence of any person whose interests could be considered as hampering the safety investigation;
8) the right to obtain survey records and relevant information held by the flag State, the owners, classification societies or any other relevant party, whenever those parties or their representatives are established in the Member State;
9) the right to call for the assistance of the relevant authorities in the respective States related to investigation of marine casualties or incidents, including surveyors, coastguard officers, vessel traffic service operators, search and rescue teams, pilots or other port or maritime personnel;
10) the duty to start an investigation immediately on being notified at any time of a marine casualty;
11) the right to acquire and analyse casualty data, especially for prevention purposes;
12) the right to make and present safety recommendations;
13) the right to ask the persons to whom safety recommendations are addressed to provide the follow-up of safety recommendations or to provide information on the decision taken not to implement the safety recommendations.
3. In terms of his legal, organisational and decision-making form, the investigation manager must be independent of any authorities and institutions executing control functions of maritime transport, port management companies, maritime cargo handling companies, shipping companies and other operating in the maritime transport sector, companies and organisations, institutions and individuals whose interests may not coincide with the objectives of the investigation manger.
4. The investigation manager must have a working knowledge of, and practical experience in, investigation of marine casualties and incidents.
5. The Minister of Transport and Communications shall lay down the procedure of classification of and notification about marine casualties and incidents. The procedure of investigation of marine casualties and incidents, preparation and submission of relevant reports and safety recommendations shall be laid down by the Minister for Justice. Persons to whom safety recommendations are addressed must evaluate them and, if necessary, take action to implement the safety recommendations.
6. In the investigations of casualties and incidents in the waters under the jurisdiction of the Republic of Lithuania involving the ships registered in other states, or casualties and incidents in the waters under the jurisdiction of other states involving the ships registered in the Register of Seagoing ships of the Republic of Lithuania, representatives of the states shall participate in accordance with the procedure established by international agreements.
Article 49. Notification of Casualty
1. In the event of a casualty or incident in the search and rescue region assigned to the Republic of Lithuania in the Baltic Sea, the master of the ship must notify without delay the Maritime Rescue Coordination Centre of the Naval Force of the Armed Forces of Lithuania.and the Ministry of Justice about this in accordance with the procedure laid down by the Minister of Transport and Communications.
2. In the event of a casualty or incident of a ship flying the flag of Lithuania outside the search and rescue region assigned to the Republic of Lithuania in the Baltic Sea, the shipping company or the master of the ship shall notify the Administration about this. If a casualty or incident involving a ship flying the flag of Lithuania takes place in the territorial sea waters or port of a foreign state, the Administration must in addition notify about this the diplomatic mission or consular post of the Republic of Lithuania in that state.
Article 50. Voluntary Wreck Removal from the Territorial Sea of the Republic of Lithuania
1. If the wreck in the territorial sea of the Republic of Lithuania does not create obstacles to navigation or pose a threat to human life or safety, does not pollute the environment, however, the owner of the property wishes to remove the wreck, the owner of this property must inform the Administration in writing thereof at least within three months from the day of the sinking of the wreck.
2. The Administration shall set the time limit for removal of the wreck and the procedure for these operations as well as inform the owner of the property.
3. The Administration shall have the right to prevent the owner of the property from removing wreck by his means or according to the procedure and within the time limit chosen by him, if it may create obstacles to navigation, pose a threat to human life or safety, pollute the environment. In this case, the Administration shall organise the wreck removal at the property owner’s expense.
Article 51. Compulsory Wreck Removal from the Territorial Sea of the Republic of Lithuania
1. If the wreck in the territorial sea of the Republic of Lithuania creates obstacles to navigation or poses a threat to human life or safety, may pollute or is polluting the environment, the owner of the property must, at the request of the Administration, remove this wreck during the time limit set by it.
2. If a direct threat is posed to maritime safety or the environment or the owner of the property fails to remove wreck within the set time limit or the owner of the property is unknown, the Administration shall employ the necessary measures to remove the wreck or to eliminate it by other means.
3. Should the owner of the wreck be unknown, the Administration shall announce the time limit for the removal of the wreck in the mass media.
Article 52. Wreck Removed by the Administration
1. The wreck which has been removed by the Administration shall be transferred to the owner if he submits an application within six months from the removal of the wreck. In that case, the property owner must reimburse the Administration for the removal of wreck, its storage, decontamination and for other reasonably incurred costs.
2. If the owner of the wreck removed by the Administration is unknown, the property shall be transferred into state ownership in accordance with the requirements of the Civil Code of the Republic of Lithuania.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to
the Republic of Lithuania
Law on Maritime Safety
LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW
1. Directive 2002/59/EC of the European Parliament and of the Council of 27 June 2002 establishing a Community vessel traffic monitoring and information system and repealing Council Directive 93/75/EEC (OJ 2004 special edition, Chapter 7, Volume 7, p. 12), with the latest amendments done on 23 February 2011 by Directive 2011/15/EU (OJ 2011 L 49, p.33).
2. Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ 2008 L 323, p. 33).
3. Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ 2009 L 124, p. 30).
4. Directive 2009/15/EC of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (OJ 2009 L 131, p. 47).
5. Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ 2009 L 131, p. 57).
6. Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC of the European Parliament and of the Council (OJ 2009 L 131, p. 114).
7. Directive 2009/21/EC of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements (OJ 2009 L 131, p. 132).